지적재산권 보호기간의 변천과 의의

Intellectual property is protected by law in order to promote creative activities and utilize creations and therefore advance technical and cultural development of the nation. Patent law is originated from the Statute of Monopolies of the England in 1624. Designs have been protected by law since the end of the 18th century from the Europe, and trademarks have been protected by law since the late 19th century after the Industrial Revolution. Copyright law is originated from the Statute of Anne of the England in 1709. Before the foundation of the Republic of Korea Japanese laws were enforced in Korea. Thereafter, the Patent Act was enacted in 1946, and the Trademark Act was enacted in 1949. The Copyright Act was enacted in 1957. The Utility Model Act and the Design Act were ramified from the Patent Act by the reorganization of the legal system in 1961. However, in 2004 the Design Act was amended entirely and renamed the Design Protection Act. Intellectual property law system which permits creators property rights for inventions, designs, and other creative works has indeed enhanced innovations and cultural developments. Currently, nations put special emphases on intellectual properties, and pro-patent policies are implemented for their strong economies. Hence, subject matters of protection by intellectual property laws are extensive nowadays, and the terms of protection are extended gradually. The right of a patentee lasts for 20 years counted from the filing date according to the present patent law of Korea. The term of protection granted by the Design Protection Act of 2013 ends after 20 years counted from the filing date. The property right of an author granted by the Copyright Act of 2011 runs for the life of the author and for 70 years after the death. These extensions of the terms of protection are executed to harmonize with other nations and to fulfill TRIPS and the Free Trade Agreement with the Europe and the United States of America. It is very important to keep a balance between the benefits of creators and of the public. Overemphasizing creators’ rights could be a hindrance for the public to utilize previous creations and re-create subsequently. On the other hand, underestimating creators’ efforts could result in low production of works with low quality. Therefore, industrial and cultural developments of the nation should be considered carefully when pro-patent policies are implemented. In fact, to implement just appropriate policy differentiation of intellectual property law between nations is desirable instead of harmonization around the world. However, harmonization of intellectual property law is now in progress and treaties on trade have increasingly strong influence. Therefore, international status of Korea should be improved and at the same time lawmakers must take reasonable decisions with thoughtful consideration for various situations.